Miscellaneous, 1531

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1. The Divorce.
"A confutation of Abel's babbling in his enterprise to defend the
marriage of the brother germane with his brother germane's wife."A book in ancient binding, consisting of 303 leaves, with some blank leaves
at the beginning and at the end. Written in Derby's hand.

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2. "A confutation of that answer which Master John Abell, priest, lately
made against the Book of Determinations of the Universities in the King's
cause."A book of 236 leaves, of which the two last are blank.

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3. Argument in favor of the King's divorce, in answer to Abel's book.Draft, pp. 8.

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2. The Divorce.
Two fragments of a treatise in justification of the opinions given by
the Universities. At the beginning of the work the author had quoted at
full length the opinions of ten universities, of which those of Paris, Bourges,
Bologna, and Padua alone remain entire, the first fragment beginning in the
middle of the opinion given by the university of Angers.Pp. 44, 22. Beautifully written, with some additions and annotations in
the margin by another hand.

4. The Divorce.
"A compendious annotation of such points and articles as seemeth
most vehemently to impugn the matrimony between the King's highness and
the Queen's grace."Begins : "Prince Arthur of noble memory." Ends : "that grant of
dispensation."Pp. 21. With annotations in another hand in the margin, containing
references to authorities on canon law.

Harl. MS.
417, f. 33.
B. M.

5. The Divorce.
1. Treatise in favor of the divorce by Fr. Marcus Genoa, of Venice, a
Minorite, S.T.P. Signed by Fr. Bonaventura of Venice, and three others.Hol., Lat., pp. 32.

Harl. MS.
417, f. 11.
B. M.

2. A treatise against the dispensing power of the Pope by [Edward
Lee, archbishop of York].Imperfect, pp. 39. Endd. at f. 22 b : Diversa scripta qu venerunt ex
Londino.

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3. Treatise by John, provincial of the Carmelite Friars, in favor of the
divorce; in the course of which he quotes, at full length, a hymn to the
Trinity, in Leonine verse, by Hildebert bishop of Le Mans.Lat., pp. 5. Imperfect at the beginning. Beautifully written and illuminated,
with broad margins. At the end : Fili Syon exultent in Rege suo.
Vivat Rex. Amen.

5. Fragments of an elaborate treatise on the unlawfulness of marrying a
brother's wife, with replies to arguments from the Schoolmen touching the
Levitical law.Lat., pp. 158. Draft in Wriothesley's hand, with corrections. Begins :
Ad tractandam qustionem de qua ambigitur.

8. Four fragments of different drafts of the King's book.Lat., pp. 122, 109, 52, and 44. On one, part of an old binding remains,
cut from a vellum MS. At the beginning of the first section is written in
Clerk's (?) hand, "Matrimonii causa;" and at the beginning of two others,
"Matrimonii."

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9. A treatise in defence of the proposition that a man cannot marry
the relict of his deceased brother when the first marriage has been consummated,
replying to arguments on the opposite side.Begins : Sapore febricitans amarum dulce.Ends : terni cruciatus tormenta incurrant.Lat., pp. 130, imperfect both at beginning and end.

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10. A treatise on the illegality of marriage with a brother's wife, as
illustrated by the case of Herod, in which the author endeavours to prove
that there is no evidence that when Herod married Herodias, his brother
Philip's wife, his brother was still alive, but that the presumption is to the
contrary.Lat., pp. 22. Endd. in Clerk's (?) hand : "An liceat habere uxorem
fratris in matrimonio;" and in another hand : "Of the King and the
Princess Dowager."

16. Notes of arguments on the Divorce question.Lat., pp. 2. Endd. : The opinions and sayings of bishops, written with
their own hands, concerning the King's high matter.

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17. An argument drawn from the story of Judah. Genesis, c. 38.
Lat., pp. 19.
ii. Commentary upon the case of the daughters of Zelophehad : Num.,
c. 27.Lat., p. 1.

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18. Extracts from the Gospel according to Matthew, Mark, and Luke,
and the first Epistle to the Corinthians, concerning marriage and divorce.Lat., p. 1.

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19. Part of a long and elaborate treatise against the King's divorce,
replying to various arguments advanced by learned men in his favor, from
Origen, Chrysostom, and other Fathers. Consists of two chapters, headed,
"Tertii capitis confutatio;" and "Quarti capitis confutatio."On the fly leaf is written : Divers letters fro the King's orators and agents
at Rome in the King's cause(crossed out.) And below : A consultation
for the King's cause.Lat., pp. 94.

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20. Fragment of a treatise on matrimony.Begins : This definition, notwithstanding it be approved by the universal
consent of all writers.Ends : I shall likewise give unto them, but that hereafter they observe,
keep and walk.Pp. 8, imperfect.

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21. Statements of reasons against the validity of the Queen's appeal to
Rome, intended to show that the judges might proceed notwithstanding the
revocation of the cause.Begins : Item, licet a rejcctione appclletur.Lat., pp. 5, imperfect.

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22. Abstract of part of the preceding.Begins : Proposita allegatione advocationis.Lat., pp. 3.

24. Arguments, chiefly drawn from the decisions of Councils, against the
Pope's power of avoking the cause to Rome. The writer suggests that the
Pope should either delegate his power to the bishops of the province, or even
come to England himself.On the fly leaf : Citata ex conciliis : Of the divorce.Lat., pp. 7.

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25. Summary of arguments on account of which the Pope ought to pronounce
sentence.Headed : Annotatio summaria, &c.Lat., pp. 2.

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6. The Divorce.
Short documents relating to the divorce.
1. List of the names of Parisian doctors who gave their opinions on the
King's matter, on successive days from June 13 to June 30 [1530].Lat., pp. 4, badly mutilated. Add. : Dr. Gardyner, the King's Secretary.
Endd. by Wriothesley.

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2. List of absent doctors.Lat., p. 1. Endd.

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3. A list of 43 French theologians who have subscribed an opinion against
the power of dispensation in the case of marriage with a deceased brother's
wife, giving the age of each person.Lat., pp. 4.

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4. List of 54 French divines who had given their opinions pro parte
negativa [as to the dispensing power], with the character of each person
attached.Lat., pp. 6.

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ii. A similar list of 39 divines who had taken the affirmative side.Lat., pp. 5.

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5. Opinion or judgment that the marriage between prince Arthur and
princess Katharine was consummated.Lat., p. 1. Draft in Cranmer's hand, with additions by Henry VIII.

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6. A similar opinion.Lat., p. 1, draft. Endd.

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7. Notes of the causes justifying appeals, and of the mode of proceeding
on them, according to the canon (?) law.
The authorities quoted are Antonius, Philippus, Butrius, Inmola, and Innocentius.Lat., pp. 2.

10. Copy of the King's protest when prince of Wales, against celebrating
the marriage with Katharine.Lat., pp. 3.

Otho, C. X.
179.
B. M.

11. "Articles drawn out of the Scriptures, out of General Councils and
certain learned fathers, both ancient and recent, that it is not lawful for one
man to marry two sisters."Ends : "Thus, right honourable Lord, I have showed un[to you], both by
Scriptures, General Councils, and learned fathers, that it is not lawful for any
man to marry his wife's sister, desiring your [Lordship] well to extend and
weigh what you have [read], and consider well with yourself the gre[at]
absurdities and inconvenience which if it . . . may rise of the same, referring
them [to be w]ayed with the balance of your own wi[sdom]."Pp. 6, mutilated.

Add. MS.
28,582, f. 203.
B. M.

12. "Opinio jurisconsulti cujusdam super legalitate matrimonii contracti
inter viduam et fratrem mariti sui defuncti."
Proving that such marriages are not contrary to the divine law, and that
therefore the Pope can grant a dispensation for them.Lat., pp. 9, modern copy.

Ib., ff. 208
and 210.

13. Copies of a few lines of the above.Lat., pp. 2, modern copies.

Ib.,ff.212,214,
219, 271, 273.

14. Arguments of five Spaniards against Henry VIII.'s divorce.Modern copies.

16. "Qu circa determinationem gravissimi causarum senatus Granatensis
notatu digna mihi visa sunt, dum prima lectione eam legerem, sunt qu
sequuntur."
Objections to certain statements in the determination of the senate of
Granada, which support the case of the king of England, in the divorce.Lat., pp. 19, modern copy.

8. Natalis Beda.
On the declarations of Natalis Beda, touching his twelve articles of the
book transmitted by the King to the university [of Paris]. In it he meets
certain theological propositions advanced by Faber.Inc. : "Ad primum articulum dicit."Ends : "Sed est solum quod hic prmittitur."Pp. 6.

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9. The Royal Supremacy.
Fragment of a treatise against the Papal supremacy.
In ten sections, numbered 146 to 155, setting forth that Divine law is of
more authority than canon law; that a dispensation should not be granted
except in urgent necessity or for common utility; and setting forth the
inconvenience of appeals to Rome, the impropriety of the Pope granting
exemptions from the jurisdiction of ordinaries, &c.Lat., pp. 4.

11. Anne Boleyn. (fn. 2)
Grant to Anne Boleyn, one of the daughters of Viscount Rocheford,
of the custody of the lands of William Carye, deceased, during the minority
of Henry Carye, his son and heir, with the wardship and marriage of the said
heir.

Vesp. F.XIII.
109.
B. M.
Wood's
Letters, II, 74.

12. Lady Anne Rocheford to Lady Wingfield.
Desires credence for the bearer touching Lady Wingfield's removal.
"And, Madam, thoye at all tymes I have nott shoyde the love that I bar you as
moche as ytt was in dyde, ytt noye (yet now) I trost that you shall well prove
that I lovyd you a gred dell morne then I mayd fayr for." Next to her mother,
loves no woman alive better. Hopes at length to show her that it is unfeigned.
Trusts that she knows that she will write nothing to comfort her in her
trouble but she will abide by it. Begs her to leave her "on descrytte trobble,
both for desplesyng of God, and all so for desplesynge off me that dothe
love yo so yntyrly."Hol., p. 1. Add.

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13. Bishopric Of Coventry And Lichfield. (fn. 3)
Draft grant to Richard Strete, archdeacon of Salop, of the custody of
the temporalities of the bishopric of Coventry and Lichfield, void by the
death of the late bishop Geoffrey [Blythe].A paper roll.

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14. Thos. Jamys and Wm. (?) Porter to the Duke Of Norfolk.
Are from Newport, Isle of Wight, and now prisoners in the Fleet.
Have been plundered by the French king's subjects, and, justice being refused
in accordance with the treaty of peace, had certain French ships at Portsmouth
arrested. (fn. 4) The French ambassadors, Mons. de Lange and Mons. de Vaux,
promised that if a messenger was sent over with De Lange, they should have
redress. Sent accordingly, but without result. Obtained the arrest of the
goods in a hoy, which arrived at Newport, belonging to the persons who had
caused their loss, that the matter might be finally settled. Beg Norfolk to
have them set at liberty.P. 1, large paper, mutilated and defaced.

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15. Margaret Vernon to Cromwell. (fn. 5)
I thank you for the great pains you have taken for me, and beg credence
for Dr. Smyth, the bearer. Your son and his master are in good health, and
now prosper in learning more in one day than before in a week, by reason
of Nich. Saddelar, who is of very good conditions. Mr. Copland every
morning gives each of them "a laten (Latin lesson ?), the which Nicholas
doth bear away, as well Gregory's lesson as his own, and maketh the same
Gregory perfect against his time of rendering." The master takes such
comfort that he is with them three times a day. The bearer will show you
the sayings of the Chancellor of London, (fn. 6) who is my great enemy. I beseech
you, put your helping hand to this matter, if my Lord's Grace (Wolsey)
intend to perform his promise. The Sub-prioress and Lark (fn. 7) have been at the
Court to make all the friends they can, to the great wasting of the goods
of that house.Hol., p. 1. Add. : Right worshipful. Endd.

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16. Margaret Vernon to Cromwell.
I thank you for your great kindness. My woman informs me that you
will be so good as to lend me 40l. till Whitsuntide if I obtain two sufficient
sureties. (fn. 8) My neighbour Grynder, and John Lewis, goldsmith, living at the
sign of the Portcullis in Cheapside, will attend you on Wednesday next.Hol., p. 1. Add. : Right worshipful.

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17. Margaret Vernon to Cromwell.
Send word how you have done for the priest you promised me. If you
are not provided, I doubt not I shall have one who will be as good for your
purpose as you can desire. Three years since I was destitute of a priest,
and I sent to Oxford for one, who brought with him a gentleman's child,
to whom he gave attendance with so great diligence and virtuous bringing
up that you could not be better sped. I sent to him this week and he
answers that he will purchase licence for a year; but further he cannot, for
he is an M.A., fellow of Lincoln College, Oxford, and his name is Will.
Yngilffild. Let me know your pleasure speedily, for I would that your child
should lose no more time. The gentleman you promised would be much to
your charge, and not do so well for the child. I also perceive by Mr. Somer
that he will not take the pains which would be for my pleasure. You
promised that I should have the governance of the child till he was 12 years
old. By that time he shall speak for himself if any wrong be offered him,
for as yet he cannot, except by my maintenance; and if he had a master who
disdained my meddling it would be great unquietness to me; for if you sent
here a D.D., yet would I play the smatterer; but always in his well-doing
he shall do his pleasure, but otherwise not.Hol., p. 1. Add. : Right worshipful.

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18. Margaret Vernon to Cromwell.
Your son (fn. 9) is in good health, and is a very good scholar, and can construe
his paternoster and creed. When you next come to me I doubt not that you
shall like him very well. Of such money as was delivered into Vaughond's
hands, viz. 20l., I can have no more again but 15l., as he says he has
delivered you 5l.; which I do not believe, for you told me at your last being
with me that the whole sum was in his hands. Let the 5l. be delivered to
this bearer for my creditor, as I cannot have my bonds until the duty be paid.Hol., p. 1. Add. : Right worshipful.

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19. Margaret Vernon to Cromwell.
I am informed that certain of my friends have moved you for the house
of St. Helen's, as Mr. Marshal and our simple steward. I am sorry they
should have done it without my knowledge; but as you have entertained it,
I should like to show you my determination in the matter. Many of my
friends have urged me to make labor for the said house which the King has
given to Mr. Harper, who says he is offered for it 200 marks by the King's
saddler for his sister. This will I never do, for that fashion is neither godly
nor worshipful. Besides, "I must cume be my lady Orelles faver, wich is
a woman that I wold lest mell with." I should not only be burthened in
conscience, but entangled in great cumbrance, to satisfy the mind of this
gentlewoman. Though I did in my Lord Cardinal's days proffer 100l. for
the said house, I beseech you consider for what purpose it was made. You
know right well there were so many slanderous words used by my enemies,
and that you had made so great instant labor for me "that I shamed so
the faule (i.e. failure) therof that I forsyd lytell what profer was made."
Now that blast is ceased, and I thank God I have two eyes to see clearly in
this matter : "The one is the eye of my soul, that I may come without
burden of conscience and by the right door, and, laying away all pains and
vanity of the world," look merely on the maintenance of the house.Hol., pp. 2. Add. : Right worshipful.

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20. Margaret Vernon to Cromwell.
It has come to my knowledge that divers of my friends have labored
with Mr. Harper for the house of St. Helen's, who, though he has been offered
200 marks for it, for the good reports he hears of me is better contented with
me without demanding a groat rather than have the other parties with the sum
aforesaid. I beg your favor in this matter, that all men may see that I
am your prioress (fn. 10), which is more comfort to me than to be made abbess of
Shaftesbury; for then my slanderous adversaries might be discouraged in
speaking against me. I beseech this of you for my sake and the love you
bear to your son Mr. Gregory.Hol., pp. 2. Add. : of the Council.

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21. Margaret Vernon to Cromwell.
I thank you for your gentleness to the bearer. He cannot as yet pay
you easily such duties as he should have done before this. I beg you to
spare him till St. Andrew's Eve. Send me word how Gregory your son doth.Hol., p. 1. Add. : Right worshipful.

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22. Margaret Vernon to Cromwell.
One Mr. Grantham has a lease from my house for a term of years,
wherein are certain young woods reserved by special words, except certain
underwoods. But of his extort mind he cuts down great numbers of young
oaks contrary to his indentures. My lord of Lincoln wrote to him to forbear,
but of late he has felled more than threescore oaks, and laid them along the
hedges. As my house is poor I cannot follow the law with him, and beg you
to interpose.Hol., p. 1. Add. : Right worshipful.

Footnotes

1. This document has been already noticed in vol. IV. No. 6401, under the year 1530,
from another draft corrected by the King. The date there assigned to it is too early.

2. This bill was probably signed not long after the death of William Cary in 1528; but
not having been discovered in time for the last volume, it is inserted here.

3. The form of this grant is taken from the similar grant to the late bishop (who is called
inaccurately Geoffrey Bothe) when he was elected to the see on the translation of his
predecessor, John Arundell, to the see of Exeter. The names in the original grant are
crossed out with the pen, and other alterations made.

10. It does not appear that Margaret Vernon was ever really prioress of St. Helen's,
Bishopsgate, at all. She had a promise of that office in Wolsey's time, and is here expecting
its fulfilment; but I do not find that she was actually appointed, although she was made
prioress, first of Little Marlow in Buckinghamshire, and afterwards of Malling in Kent.
By a document on the Lord Treasurer's Memoranda Roll, 22 Hen. VIII., Pasch. rot. 2,
it appears that Elizabeth Stamp resigned the office of prioress of St. Helen's 12 Nov.
20 Hen. VIII. (1528), and Mary Rollesley was elected in her place 22 Aug.
21 Hen. VIII. (1529), who was still prioress in 1534 and at the Dissolution.